No. 21-5791

Cesar Santana v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk

Lower Court: First Circuit
Docketed: 2021-09-28
Status: Denied
Type: IFP
IFP
Tags: due-process fifth-amendment involuntary-statements miranda-warnings police-assurances police-interrogation self-incrimination
Key Terms:
FifthAmendment DueProcess CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether the Fifth Amendment is violated, and a defendant's statements are involuntary, when police assure a suspect that his statements will not be used in court, he is read Miranda warnings, they then assure him they will help him, and the statements are thereafter used against him

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the Fifth Amendment is violated, and a defendant’s statements are involuntary, when police assure a suspect that his statements will not be used in court, he is read Miranda warnings, they then assure him they will help him, and the statements are thereafter used against him. Are pro forma Miranda warnings enough to negate the assurances, given a few minutes before, that the statements will not be used against him?

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2021)
Petition

Attorneys

Brad Cowen
Susanne G. Reardon — Massachusetts Attorney General's Office, Respondent
Susanne G. Reardon — Massachusetts Attorney General's Office, Respondent
Cesar Santana
Elizabeth Dale Caddick — Law Office of Elizabeth Caddick, Petitioner
Elizabeth Dale Caddick — Law Office of Elizabeth Caddick, Petitioner